Posts Tagged: IPR


Patent Owner Sues Former USPTO Officials for ‘Improperly Stacking the Deck’ Against Him

A patent owner has filed a lawsuit in the United States District Court for the Western District of Tennessee against former U.S. Patent and Trademark Office (…
By Eileen McDermott
3 months ago 8

PPAC Announcements: Hirshfeld Doubles Down on Director Review Authority; Commerce Department to File for Registration of USPTO Trademarks; Committee Requests Release of $64 Million in User Fees

During the Patent Public Advisory Committee (PPAC) quarterly meeting held today, participants provided an update on the Director Review process under the Supreme Court’s Arthrex v. …
By Eileen McDermott
3 months ago 9

Patent Filings Roundup: Mystery NPEs File New Suits on Old IV Assets; PTAB Discretionarily Denies 14; Causam Enterprises Launches Major Campaign

In a relatively subdued week, the Patent Trial and Appeal Board (PTAB or Board) saw 35 challenges and the district courts 53 new patent filings. Those challenges included a …
By Jonathan Stroud
3 months ago 0

CAFC Reverses PTAB Obviousness Finding, Clarifying Concepts of ‘Teaching Away’ and ‘Commercial Success’

The United States Court of Appeals for the Federal Circuit (CAFC) yesterday concluded that the Patent Trial and Appeal Board’s (PTAB’s) decision finding certain claims …
By La'Cee Conley
3 months ago 14

USPTO Implementation of Arthrex: Questions from Administrative Law, Part I—Dismissal and Subregulatory Rulemaking

In United States v. Arthrex, No. 19-1434, 141 S.Ct. 1970 (Jun. 21, 2021), Chief Justice Roberts cured an Appointments Clause defect in the Patent Trial and Appeal Board’s (PTAB’…
By M. David Hoyle
3 months ago 36

Patent Filings Roundup: Equitable IP Subsidiary Goes on Retail Shopping Spree; Fintiv ITC Denial Hits Roku Hard

District court patent filings rebounded a bit with 80 this week, buoyed by a new financial services campaign, Peregrin Licensing LLC, from an older publicly traded non-practicing entity (…
By Jonathan Stroud
3 months ago 1

Patent Filings Roundup: NPE Targets Cracker Barrel, Realtors; VMWare/Cirba Dispute Heads to Board; Car Jumpstarter Patent Challenged; Funded Semiconductor Litigation Patents Instituted

After last week’s spike in complaints, things returned to steady-state this week, with plaintiffs filing 58 complaints and patent challengers filings 26 petitions (one post grant review [PGR] …
By Jonathan Stroud
3 months ago 2

Patent Filings Roundup: Second Mystery Entity Challenges $2.2 Billion VLSI/Fortress Patents; IP Edge Files Almost 50 New Complaints; NPE K.Mizra Targets ISPs

It was a busy week for patent filings in the district courts, with 113 complaints filed, fueled particularly by nearly 50 (!) IP Edge complaints, primarily filed in the Western …
By Jonathan Stroud
4 months ago 18

USPTO Provides Guidance on Director Review Process Under Arthrex

This week, the U.S. Patent and Trademark Office announced that it would be implementing an interim rule at the agency in response to the U.S. …

Patent Filings Roundup: Ice Castle Patent Asserted Against Competitors; Open-Source Chip Declaratory Judgment Action

It was a pretty normal week patent filings-wise, with 65 district court complaints and 38 Patent Trial and Appeal Board (PTAB) petitions filed, all inter partes reviews (IPRs). "Frozen …
By Jonathan Stroud
4 months ago 0

Arthrex Aftermath: How the Landmark Supreme Court Decision Drives the PTAB’s Future

A working definition of inertia is the tendency of a body to maintain its state of rest or uniform motion unless acted upon by an external force. …
By Scott McBride & Alex Vogler
4 months ago 18

In Arthrex Ruling, SCOTUS Says Director Review of Decisions, Not Power to Remove APJs, is What Matters

The Supreme Court has issued its ruling in Arthrex v. Smith & Nephew, taking a different approach to curing the statute than did the U.S. Court of …
By Eileen McDermott
4 months ago 4

Patent Filings Roundup: VLSI Judgment Patents Challenged; Dozens of NPE-Semiconductor Patents Instituted; Nanotechnology Solar Panel Litigation Kicks Off

It seems non-practicing entity (NPE) semiconductor/chip litigation has really come to dominate both the Patent Trial and Appeal Board (PTAB) and the district courts’ dockets this …
By Jonathan Stroud
4 months ago 1

CAFC Finds Certain Baxter Telepharmacy Claims Obvious, Reversing PTAB

On May 28, the United States Court of Appeals for the Federal Circuit (CAFC) reversed a decision of the Patent Trial and Appeal Board (Board), holding certain claims …
By Logan Murr
5 months ago 0

Patent Filings Roundup: In Reversal, COVID Renders W.D. TX Trial Dates Uncertain for Fintiv; Semiconductor NPE Suits and PTAB Challenges on a Roll; Board Issues Order Barring Future Filings

A quiet week resulted in 28 petitions at the Patent Trial and Appeal Board (PTAB), mostly related to preexisting suits, though with a perhaps surprising number of semiconductor …
By Jonathan Stroud
5 months ago 0